Dhyaneshwar Narayanrao Thombare v. State Of Maharashtra, Through P.S.O. Ashti, Wardha

1510aba506.15.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 506 OF 2015 (Dhyanehwar Narayanrao Thombare Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : V. M. DESHPANDE, J.

DATED : 15th OCTOBER, 2015 Heard Shri Mahesh Rai, learned Counsel for the applicant and Shri A. D. Sonak, learned A.P.P. for the respondent-State.

The applicant is apprehending his arrest in connection with Crime N.41/2015 registered with police station Ashti of District Wardha for the offence punishable under Section 304 of the Indian Penal Code. The first information report is lodged by Narendra Kaole. According to the prosecution case, the present applicant, who is owner of agricultural field, has encircled his field by barbed wire in order to save the standing crops from the wild animals. It is the allegation that the said wire has been charged with electric current. According to the FIR, when the deceased went near the said agricultural field for collecting fodder for his goats, he got contacted in the said wire resulting into his death. The reply is filed by the Investigating Officer.

1510aba506.15.odt 2/2 From the reply it is clear that the wire and other things are already seized. According to the reply, the custody of the applicant is required to ascertain from where he had purchased the said wire.

In view of such reason, according to me, the custodial presence of the applicant is not necessary. That leads me to pass the following order.:

I) Applicant Dhyaneshwar Narayanrao Thombare be released on bail in the event of his arrest in Crime No.41/2015 registered with police station, Ashti for the offence punishable under Section 304 of the Indian Penal Code on his executing a P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount. The applicant shall attend police station, Ashti on 26/10/2015 and shall remain with the Investigating Officer from 10.00 a.m. to 5.00 p.m. throughout. The applicant shall then attend the police station as and when required by the Investigating Officer, however, for that the Investigating Officer should give a clearcut 48 hours written communication to him. With this, the application is disposed of.

JUDGE wwl